Selection Criteria for Counter Terrorism - Level 3

Introduction

Entry to the CPS Counter Terrorism Advocate Panel at Level 3 is through this application process and is open to appropriately qualified barristers and solicitors who have a Higher Courts Advocacy qualification.

Generally, applicants to this panel have at least seven years' advocacy experience (this is a guide, not a criterion).

Advocates on the Counter Terrorism Specialist Panel advise on and prosecute serious and sensitive casework on behalf of the Counter Terrorism Division relating to:

1. Terrorism;
2. Incitement to racial and religious hatred;
3. Stirring up hatred based on sexual orientation;
4. War crimes and crimes against humanity;
5. Official secrets cases; and
6. Piracy and hijacking.

Application Requirements for Level 3

An application to join the Counter Terrorism Panel at Level 3 consists of the following documents:

• Completed Level 3 online application form including equalities monitoring questions (not part of the assessment).
• References from two (2) appropriate referees (at least one from a member of the full-time judiciary).
• One (1) recent example of drafting e.g. skeleton argument, advice (maximum of five (5) pages) to be attached to online application. Applicants can use extracts from longer documents, as long as context is provided. Supporting documents must not include the applicant’s name. Applicants should take care to ensure this is removed from the bottom of the document.

Please note: The above requirements regarding references do not apply to upgrade level 3 applications. Please refer to the separate upgrade applications guidance for full details.

References

Reliance will be placed on the references and referees should be chosen with care. It is the applicant’s responsibility to ensure that all references are submitted to the CPS in accordance with the guidance by the deadline date for submission. Failure to submit the correct number of references will result in the application not being considered.

References can be obtained from any person whom the applicant believes best supports their application and is prepared to stand as a referee. The list below provides examples of suitable referees for level 3.

Level 3

• Current or retired members of the full-time judiciary
• Members of the part-time judiciary
• Heads of Chambers
• Instructing Solicitors
• Leading or opposing advocates
• Lawyers from the CPS or other prosecuting authorities
• Advocacy Assessors

Evidence of competency

Applicants should provide details of their knowledge, skills and experience on the application form under each heading. They should provide relevant examples based on criminal casework with specific reference cases advised on and prosecuted by the Counter Terrorism Division, where available.

It is accepted that advocates applying to join at level 3 are less likely to have direct experience of CPS Counter Terrorism Division casework. In the absence of such, applicants are expected to demonstrate relevant experience and skills drawn from defence advocacy in cases dealt with by the Counter Terrorism Division or other comparable cases e.g. those involving complex undercover operations/sensitive PII issues in relation to drugs or organised crime.

When providing evidence to support their application, applicants should clearly state what role they played. For example, if they were led, what was their contribution to the case? In PII applications, what was the point they had to argue? Examples can be given of difficulties faced and how they were overcome.

Applicants should also indicate at what level they have security clearance, if at all, and, if not, indicate a willingness to undertake such a process.

Under no circumstances should an applicant include sensitive case information that can be linked to a specific case or individual. For example, providing a case/defendant/witness name and confirmation that the matter involved a CHIS, protected witnesses, ex parté application or other sensitive hearing. Please refer to the Sensitive Identifying Case Information section on the main Advocate Panels page for further guidance.

Selection Requirements for Level 3

Casework at level 3

Level 3 advocates will be required to demonstrate that they are able to competently undertake any of the work of a Level 3 advocate on the General Crime Panel and jury trials in more serious and onerous prosecutions. For example: Terrorism, Incitement of Racial and Religious Hatred, stirring up hatred based on sexual orientation, war crimes and crimes against humanity, official secrets cases and piracy and hijacking. Cases will involve large volumes of evidence, international enquiries, disclosure challenges including the handling of sensitive unused material and PII applications; expertise in the operation of the Regulation of Investigatory Powers Act 2000 (RIPA 2000), and multi-handed prosecutions of up to four defendants. Level 3 advocates will also be expected to conduct straightforward appeals in the Divisional Court and Court of Appeal. Applicants must also be able to demonstrate expert up to date legal knowledge relevant to such prosecutions and appropriate standards of oral and written advocacy. They should be able to demonstrate that they are able to work well with others in this range of prosecutions. Applicants should also have sufficient knowledge of the Proceeds of Crime Act 2002 to be able to deal with the confiscation issues raised in Level 3 prosecutions and other ancillary orders applicable to prosecutions of terrorist offences.

Assessment criteria

In order to score very highly applicants will be expected to demonstrate a range of competencies to excellent standards in respect of the breadth of casework expected to be undertaken at level 3, including:

Advocacy

• The ability to conduct advocacy in the range of cases listed in ‘Casework at level 3’, often attracting local, national and international media attention
• Highly developed trial advocacy skills for jury trials in the Crown Court including opening, closing, sensitive witness handling and legal argument, quoting relevant key authorities
• Ability to deal with complicating factors such as abuse of process, PII, complex section 8 Criminal Procedure and Investigations Act 1996 (CPIA 1996) applications, special measures, presenting or challenging complex expert evidence and difficult or sensitive issues of law and/ or fact
• Ability to undertake advocacy in complex and voluminous multi-handed cases, and is able to effectively direct and manage a number of participants in the courtroom
• Able to manage extremely sensitive cases reliably, including cases in which witnesses require anonymity and special measures
• Ability to be an effective led junior.

Advisory Work

• The exercise of consistently sound judgement and case management strategies
• Demonstrates a strong knowledge of law and practice and up to date knowledge of law relevant to prosecutions at this level
• Up to date knowledge of the law relevant to prosecutions at this level, including criminal procedural rules and evidential rules
• Presents coherent skeleton arguments even in complex cases or addressing complex law, evidence or procedure
• Presents clear and succinct relevant written submissions demonstrating expertise

PII and disclosure

• In depth understanding of the disclosure regime and principles of Public Interest Immunity, RIPA 2000 and Legal Professional Privilege
• Ability to handle sensitive matters in relation to investigation techniques and third party material
• Understands disclosure requirements even in the context of complex investigations and evidential situations

Other Relevant Knowledge, Skills and Experience

• The ability to prepare, prosecute and progress cases confidently and securely using digital technology 
• The ability to conduct confiscation hearings in any of the proceedings in which the applicant may be instructed at Level 3
• Obtaining and using evidence from abroad, jurisdictional issues, human rights, restraint and confiscation
• Sufficient knowledge of confiscation and POCA 2002 to be able to handle confiscation as it may arise in any of the cases which fall within their competency
• Relevant defence or regulatory work of an equivalent level, if any

Appreciation of the Role of a CPS Panel Advocate

• A knowledge of ethical standards e.g. completion of the Advocacy & Ethics element of the New Practitioners’ Programme
• Understanding of diversity and cultural issues and proactive in addressing the needs of people from all backgrounds
• A willingness to work as part of a prosecution team undertaking the type of work listed in “Casework at Level 3” above without compromising professional independence
• Familiarity with, and understanding of, CPS policy guidance including the Code, the Farquharson guidelines and policies in respect of victims and witnesses, hate crime and violence against women and girls
• An appropriate understanding of the professional relationship between the CPS, the police, other agencies and Government Departments and the advocate
• Able to lead a prosecution team and manage the strategic direction of the case